The State of Himachal Pradesh Act, 1970
Administered Ministry: Ministry of Home Affairs / Department of States
Section
Section 1 Short title.
This Act may be called the State of Himachal Pradesh Act, 1970.
Section 2 Definitions. 1 docs
In this Act, unless the context otherwise requires,—
(a) "Administrator" means the administrator appointed by the President under article 239 of the Constitution;
(b) "appointed day" means the day which the Central Government may, by notification in the Official Gazette, appoint;
(c) "article" means an article of the Constitution;
(d) "Election Commission" means the Election Commission appointed by the President under article 324;
(e) "existing Union territory of Himachal Pradesh" means the Union territory of Himachal Pradesh as existing immediately before the appointed day;
(f) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or any part of the existing Union territory of Himachal Pradesh;
(g) "sitting member", in relation to either House of Parliament or of the Legislative Assembly of the existing Union territory of Himachal Pradesh, means a person who, immediately before the appointed day, is a member of that House or that Assembly;
(h) "treasury" includes a sub-treasury.
(a) "Administrator" means the administrator appointed by the President under article 239 of the Constitution;
(b) "appointed day" means the day which the Central Government may, by notification in the Official Gazette, appoint;
(c) "article" means an article of the Constitution;
(d) "Election Commission" means the Election Commission appointed by the President under article 324;
(e) "existing Union territory of Himachal Pradesh" means the Union territory of Himachal Pradesh as existing immediately before the appointed day;
(f) "law" includes any enactment, ordinance, regulation, order, bye-law, rule, scheme, notification or other instrument having, immediately before the appointed day, the force of law in the whole or any part of the existing Union territory of Himachal Pradesh;
(g) "sitting member", in relation to either House of Parliament or of the Legislative Assembly of the existing Union territory of Himachal Pradesh, means a person who, immediately before the appointed day, is a member of that House or that Assembly;
(h) "treasury" includes a sub-treasury.
Section 3 Establishment of State of Himachal Pradesh.
On and from the appointed day, there shall be established a new State, to be known as the State of Himachal Pradesh, comprising the territories which immediately before that day were comprised in the existing Union territory of Himachal Pradesh.
Section 4 Amendment of First Schedule to the Constitution.
On and from the appointed day, in the First Schedule to the Constitution,
(a) under the heading "I. THE STATES," after entry 17, the following entry shall be inserted, namely:
"18. Himachal Pradesh The territories which immediately before the commencement of this Constitution were being administered as if they were Chief Commissioners' Provinces under the names of Himachal Pradesh and Bilaspur and the territories specified in sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966.";
(b) under the heading "II. THE UNION TERRITORIES", entry 2 relating to Himachal Pradesh shall be omitted and entries 3 to 10 shall be re-numbered as entries 2 to 9 respectively.
(a) under the heading "I. THE STATES," after entry 17, the following entry shall be inserted, namely:
"18. Himachal Pradesh The territories which immediately before the commencement of this Constitution were being administered as if they were Chief Commissioners' Provinces under the names of Himachal Pradesh and Bilaspur and the territories specified in sub-section (1) of section 5 of the Punjab Reorganisation Act, 1966.";
(b) under the heading "II. THE UNION TERRITORIES", entry 2 relating to Himachal Pradesh shall be omitted and entries 3 to 10 shall be re-numbered as entries 2 to 9 respectively.
Section 5 Amendment of Fourth Schedule to the Constitution.
On and from the appointed day, in the Fourth Schedule to the Constitution, in the Table,—
(a) entry 18 shall be re-numbered as entry 19 and before the entry as so re-numbered, the following entry shall be inserted, namely:—
"18. Himachal Pradesh......3";
(b) entry 19 shall be omitted.
(a) entry 18 shall be re-numbered as entry 19 and before the entry as so re-numbered, the following entry shall be inserted, namely:—
"18. Himachal Pradesh......3";
(b) entry 19 shall be omitted.
Section 6 Allocation of sitting members.
(1) On and from the appointed day, the three sitting members of the Council of States representing the existing Union territory of Himachal Pradesh shall be deemed to have been duly elected under clause (4) of article 80 to fill the three seats allotted to the State of Himachal Pradesh in that Council.
(2) The term of office of such sitting membersshall remain unaltered.
(2) The term of office of such sitting membersshall remain unaltered.
Section 7 Amendment of section 27A of Act 43 of 1950.
On and from the appointed day, in section 27A of the Representation of the People Act, 1950, in sub-section (4), the words "Himachal Pradesh" shall be omitted.
Section 8 [Omitted.].
[Allocation of seats in the existing House of the People.] Omitted by the State of Himachal, Pradesh (Amendment) Act, 1971 (15 of 1971), s. 2 (w.e.f. 5-1-1971).
Section 9 [Omitted.].
[Provision as to sitting members.] Omitted by s.2, ibid. (w.e.f. 5-1-1971).
Section 10 Provision as to Legislative Assembly as constituted on the appointed day.
(1) On and from the appointed day, the total number of seats in the Legislative Assembly of the State of Himachal Pradesh to be filled by persons chosen by direct election from Assembly constituencies shall be sixty and the number of seats to be reserved for the Scheduled Castes and for the Scheduled Tribes of that State shall be fourteen and three respectively; and the Second Schedule to the Representation of the People Act, 1950 (43 of 1950), shall be deemed to be amended accordingly.
(2) On and from the appointed day, the sixty territorial constituencies of the existing Union territory of Himachal Pradesh shall be deemed to be the constituencies of the Legislative Assembly of the State of Himachal Pradesh and the Delimitation of Parliamentary and Assembly Constituencies Order, 1966, shall be construed accordingly.
(3) Every sitting member of the Legislative Assembly of the existing Union territory of Himachal Pradesh representing a territorial constituency which, on the appointed day by virtue of the provisions of sub-section (2), becomes a constituency of the State of Himachal Pradesh, shall be deemed to have been elected under article 170 to the Legislative Assembly of the State of Himachal Pradesh by that constituency.
(4) Notwithstanding anything contained in any other law for the time being in force, the Legislative Assembly of the State of Himachal Pradesh shall be deemed to be duly constituted on the appointed day.
(2) On and from the appointed day, the sixty territorial constituencies of the existing Union territory of Himachal Pradesh shall be deemed to be the constituencies of the Legislative Assembly of the State of Himachal Pradesh and the Delimitation of Parliamentary and Assembly Constituencies Order, 1966, shall be construed accordingly.
(3) Every sitting member of the Legislative Assembly of the existing Union territory of Himachal Pradesh representing a territorial constituency which, on the appointed day by virtue of the provisions of sub-section (2), becomes a constituency of the State of Himachal Pradesh, shall be deemed to have been elected under article 170 to the Legislative Assembly of the State of Himachal Pradesh by that constituency.
(4) Notwithstanding anything contained in any other law for the time being in force, the Legislative Assembly of the State of Himachal Pradesh shall be deemed to be duly constituted on the appointed day.
Section 11 Duration of Legislative Assembly.
The period of five years referred to in clause (1) of article 172 shall, in the case of the Legislative Assembly of the State of Himachal Pradesh, be deemed to have commenced on the day on which the duration of the existing Legislative Assembly of the Union territory of Himachal Pradesh commenced under section 5 of the Government of Union Territories Act, 1963 (20 of 1963).
Section 12 Speaker and Deputy Speaker.
The persons who immediately before the appointed day . are the Speaker and the Deputy Speaker of the Legislative Assembly of the Union territory of Himachal Pradesh shall be the Speaker and the Deputy Speaker, respectively, of the Legislative Assembly of the State of Himachal Pradesh on and from that day.
Section 13 Rules of procedure.
The rules of procedure and conduct of business of the Legislative Assembly of the existing Union territory of Himachal Pradesh as in force immediately before the appointed day shall, until rules are made under clause (1) of article 208, be the rules of procedure and conduct of business of the Legislative Assembly of the State of Himachal Pradesh,subject to such modifications and adaptations as may be made therein by the Speaker thereof.
Section 14 Allocation of seats in the House of the People.
In the House of the People to be constituted after the appointed day, there shall be allotted four seats to the State of Himachal Pradesh of which one seatshall be reserved for the Scheduled Castes.
Section 15 Allocation of seats in the Legislative Assembly.
The total number of seats in the Legislative Assembly of the State of Himachal Pradesh to be constituted at any time after the appointed day, to be filled by persons chosen by direct election from territorial constituencies, shall be sixty-eight of which sixteen seatsshall be reserved for the Scheduled Castes and three seatsshall be reserved for the Scheduled Tribes.
Section 16 Amendment of First and Second Schedules to Act 43 of 1950.
(1) In the Representation of the People Act, 1950,
(a) in the First Schedule,
(i) under the heading "I. STATES", after entry 17, the following entry shall be inserted, namely:--
"18. Himachal Pradesh.....4 1.....";
(ii) under the heading "II. UNION TERRITORIES", entry 6 relating to Himachal Pradesh shall be omitted;
(b) in the Second Schedule,--
(i) under the heading "I. STATES", after entry 16, the following entry shall be inserted, namely:---
"17. Himachal Pradesh.....68 16 3";
(ii) under the heading "II. UNION TERRITORIES", entry 2 relating to Himachal Pradesh shall be omitted.
(2) The amendments made by clauses (a) and (b) of sub-section (1)shall have effect in relation to the House of the People and the Legislative Assembly of Himachal Pradesh to be constituted at any time after the appointed day.
(a) in the First Schedule,
(i) under the heading "I. STATES", after entry 17, the following entry shall be inserted, namely:--
"18. Himachal Pradesh.....4 1.....";
(ii) under the heading "II. UNION TERRITORIES", entry 6 relating to Himachal Pradesh shall be omitted;
(b) in the Second Schedule,--
(i) under the heading "I. STATES", after entry 16, the following entry shall be inserted, namely:---
"17. Himachal Pradesh.....68 16 3";
(ii) under the heading "II. UNION TERRITORIES", entry 2 relating to Himachal Pradesh shall be omitted.
(2) The amendments made by clauses (a) and (b) of sub-section (1)shall have effect in relation to the House of the People and the Legislative Assembly of Himachal Pradesh to be constituted at any time after the appointed day.
Section 17 Delimitation of constituencies.
(1) The Election Commission shall, in the manner herein provided, distribute, whether before or after the appointed day, the seats in the House of the People allotted to the State of Himachal Pradesh under section 14 and the seats assigned to the Legislative Assembly of the State of Himachal Pradesh under section 15 to single-member territorial constituencies and delimit them on the basis of the latest census figures, having regard to the provisions of the Constitution and to the following provisions, namely:—
(a) all constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience;
(b) every assembly constituency shall be so delimited as to fall wholly within one parliamentary constituency;
(c) constituencies in which seats are reserved for the Scheduled Castes shall be distributed in different parts of the State and located, as far as practicable, in those areas where the proportion of their population to the total population is comparatively large; and
(d) constituencies in which seats are reserved for the Scheduled Tribes shall, as far as practicable, be located in areas where the proportion of their population to the total population is the largest.
Explanation.—In this section, 'latest census figures" mean the census figures with respect to the existing Union territory of Himachal Pradesh or, as the case may be, of the State of Himachal Pradesh ascertainable from the latest census of which the finally published figures are available.
(2) For the purpose of assisting it in the performance of its functions under sub-section (1), the Election Commission shall associate with itself as associate members,—
1 [(a) all the persons (or as many of them as are available) who having been elected from parliamentary constituencies in the Union territory of Himachal Pradesh, were members of the House of the People immediately before its dissolution by the order of the President published with notification No. 37/2/70/T, dated the 27th December, 1970, of the Lok Sabha Secretariat, in the Gazette of India, dated the 27th December, 1970, or if the delimitation of any constituencies is taken up after the first constitution, following such dissolution, of the House of the People, all the members elected to such House (or as many of them as are available) from parliamentary constituencies in the State of Himachal Pradesh; and]
(b) such six of the members of the Legislative Assembly of the existing Union territory of Himachal Pradesh or, as the case may be, of the State of Himachal Pradesh referred to in section 10 as the Speaker thereof may nominate:
Provided that none of the associate membersshall have a right to vote or to sign any decision of the Election Commission.
(3) If owing to death or resignation, the office of an associate member falls vacant, it shall be filled, if practicable, in accordance with the provisions ofsub-section (2).
(4) The Election Commission shall—
(a) publish its proposals for the delimitation of constituencies, together with the dissenting proposals, if any, of any associate member who desires publication thereof, in the Official Gazette and in such other manner as the Commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so specified;
(c) after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the Official Gazette; and upon such publication, the order or ordersshall have the full force of law and shall not be called in question in any court.
(5) As soon as may be after such publication, every such order relating to parliamentary constituenciesshall be laid before the House of the People and every such order relating to assembly constituenciesshall be laid before the Legislative Assembly.
(a) all constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience;
(b) every assembly constituency shall be so delimited as to fall wholly within one parliamentary constituency;
(c) constituencies in which seats are reserved for the Scheduled Castes shall be distributed in different parts of the State and located, as far as practicable, in those areas where the proportion of their population to the total population is comparatively large; and
(d) constituencies in which seats are reserved for the Scheduled Tribes shall, as far as practicable, be located in areas where the proportion of their population to the total population is the largest.
Explanation.—In this section, 'latest census figures" mean the census figures with respect to the existing Union territory of Himachal Pradesh or, as the case may be, of the State of Himachal Pradesh ascertainable from the latest census of which the finally published figures are available.
(2) For the purpose of assisting it in the performance of its functions under sub-section (1), the Election Commission shall associate with itself as associate members,—
1 [(a) all the persons (or as many of them as are available) who having been elected from parliamentary constituencies in the Union territory of Himachal Pradesh, were members of the House of the People immediately before its dissolution by the order of the President published with notification No. 37/2/70/T, dated the 27th December, 1970, of the Lok Sabha Secretariat, in the Gazette of India, dated the 27th December, 1970, or if the delimitation of any constituencies is taken up after the first constitution, following such dissolution, of the House of the People, all the members elected to such House (or as many of them as are available) from parliamentary constituencies in the State of Himachal Pradesh; and]
(b) such six of the members of the Legislative Assembly of the existing Union territory of Himachal Pradesh or, as the case may be, of the State of Himachal Pradesh referred to in section 10 as the Speaker thereof may nominate:
Provided that none of the associate membersshall have a right to vote or to sign any decision of the Election Commission.
(3) If owing to death or resignation, the office of an associate member falls vacant, it shall be filled, if practicable, in accordance with the provisions ofsub-section (2).
(4) The Election Commission shall—
(a) publish its proposals for the delimitation of constituencies, together with the dissenting proposals, if any, of any associate member who desires publication thereof, in the Official Gazette and in such other manner as the Commission may consider fit, together with a notice inviting objections and suggestions in relation to the proposals and specifying a date on or after which the proposals will be further considered by it;
(b) consider all objections and suggestions which may have been received by it before the date so specified;
(c) after considering all objections and suggestions which may have been received by it before the date so specified, determine by one or more orders the delimitation of constituencies and cause such order or orders to be published in the Official Gazette; and upon such publication, the order or ordersshall have the full force of law and shall not be called in question in any court.
(5) As soon as may be after such publication, every such order relating to parliamentary constituenciesshall be laid before the House of the People and every such order relating to assembly constituenciesshall be laid before the Legislative Assembly.
1. Subs. by Act 15 of 1971, s. 3, for clause (a) (w.e.f. 5-1-1971).
Section 18 Power of Election Commission to maintain delimitation orders up-to-date.
(1) The Election Commission may, from time to time, by notification in the Official Gazette,—
(a) correct any printing mistake in any order made under section 17 or any error arising therein from inadvertent slip or omission;
(b) where the boundaries or name of any territorial division mentioned in any such order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such order up-to-date.
(2) Every notification under this section relating to a parliamentary or an assembly constituency shall be laid, as soon as may be after it is issued, before the House of the People or, as the case may be, the Legislative Assembly.
(a) correct any printing mistake in any order made under section 17 or any error arising therein from inadvertent slip or omission;
(b) where the boundaries or name of any territorial division mentioned in any such order are or is altered, make such amendments as appear to it to be necessary or expedient for bringing such order up-to-date.
(2) Every notification under this section relating to a parliamentary or an assembly constituency shall be laid, as soon as may be after it is issued, before the House of the People or, as the case may be, the Legislative Assembly.
Section 19 Amendment of Scheduled Castes Orders.
(1) On and from the appointed day, the Constitution (Scheduled Castes) Order, 1950, shall stand amended as directed in the First Schedule.
(2) On and from the appointed day, the Constitution (Scheduled Castes) (Union Territories) Order, 1951, shall stand amended as directed in the Second Schedule.
(2) On and from the appointed day, the Constitution (Scheduled Castes) (Union Territories) Order, 1951, shall stand amended as directed in the Second Schedule.
Section 20 Amendment of Scheduled Tribes Orders.
(1) On and from the appointed day, the Constitution (Scheduled Tribes) Order, 1950, shall stand amended as directed in the Third Schedule.
(2) On and from the appointed day, the Constitution (Scheduled Tribes) (Union Territories) Order, 1951, shall stand amended as directed in the Fourth Schedule.
(2) On and from the appointed day, the Constitution (Scheduled Tribes) (Union Territories) Order, 1951, shall stand amended as directed in the Fourth Schedule.